Notice In Russian Is ‘Proper Notice'

The Commercial Court refused to set aside an order allowing enforcement of a Russian award under the ICAC rules on grounds that the Notice commencing the arbitration served on an English Respondent, was almost entirely in Russian. The Ekran OAO v Magneco Metrel UK Ltd [2017] EWHC 2208 (Comm) case is of interest as there is little English authority as to what constitutes "proper notice" under the Arbitration Act 1996 and contrasted with the approach in litigation where court rules require translation of notices served out of the jurisdiction.

Background

The Claimant based in Russia contracted with the Respondent to supply materials for the repair of a furnace. Problems arose when the furnace was put back into operation and the Claimant alleged this was because the goods supplied by the Respondent were of poor quality. The Respondent claimed that the problems were caused by the Claimant's failure to follow proper procedure. The contract was written in Russian with an